Articles Posted in Family Immigration

Complex issues can arise for a couple who are citizens of different countries, but want to stay together. Non-Immigrant visas are temporary. A non U.S. citizen who wants to visit their U.S. citizen significant other may run into problems at the embassy because the government may believe that his or her true intent is to come to the United States permanently despite applying for a temporary visitor visa, or some other non immigrant visa. Couples often find themselves having to make a long lasting decision before they may otherwise be ready: Do we get married now so we can file for a green card and start our lives together, or do we wait and risk a long term separation and filing through an embassy.

If the couple decides to get married and subsequently files for a green card, USCIS will conduct a thorough review to determine whether the marriage is “bona fide.” That is, is the marriage valid and viable. It is unlawful to file for any immigration benefit based on a marriage that was entered into for the sole purpose of obtaining the immigration benefit. That being said, it is not unlawful to get married sooner than you would otherwise wish to do so you can obtain an immigration benefit (i.e. a green card), as long as the marriage is bona fide. The couple must intend to live permanently as a couple.

If a non U.S. citizen gets married to a U.S. citizen within 2 years of filing for an immigration benefit (i.e. green card), USCIS will scrutinize the relationship to ensure that it is not fraudulent. They will make sure that money has not been exchanged for the filing of the immigration benefit. They may interview each applicant separately to determine whether they are telling the truth. They may conduct an investigation to corroborate or dispute the statements made in the filing or at the interview. For example, they may go talk to neighbors to determine whether both individuals live at the residence together and act like a couple in love.

It is not a new concept that people from all around the world want to come live and work in the United States. However, a person cannot simply come to our door, knock, and gain entry. Instead, the immigrant must have a sponsor, either an employer or family member, or he/she must fall within one of the other limited categories, like asylum.

Many non U.S. citizens have family members in the United States that are willing to sponsor them for admission. The problem is that unless that family member is a U.S. citizen immediate relative (parent, child, or spouse), it can take years, sometimes more than a decade, for a visa number to become available.

One of the most common ways for a non U.S. citizen to gain permanent residence to this country is through marriage to a U.S. citizen. It is not at all uncommon for a U.S. citizen to fall in love with someone from another country and for the happy new couple to want to spend the rest of their lives in the U.S. The good news is that U.S. law allows for this with relative ease. The bad news is that immigration officers are ever more vigilant in trying to root out fraud, which means more scrutiny for every one.